A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 18, 2014, at around 23:32, the Defendant was demanded to comply with a drinking test by inserting the breathm in a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face, while driving a CKanop vehicle in front of 212, while driving the CKanop vehicle in front of 212 at the Jari-dong, Gangnam-gu Seoul, Seoul.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness to D and E;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the crime of refusing to measure the drinking of this case was committed for the reason of sentencing under Article 62-2 of the Criminal Act, even though the community service and order to attend lectures had a record of punishment for the reason of sentencing, it is considerably good to commit the crime of refusing to measure the drinking of this case. However, there is no record of punishment except for one time, and other sentencing conditions, such as the defendant's age, character